The sun. [volume] (New York [N.Y.]) 1833-1916, 1887-11-05

ysited States map and putting the liis Of NE
oisnos y vas ,se sBsn capital csnes and
soyson ss snS sf9 S% e.
Sss vss ON moi other
Wilson was again tried on another indictment,
charging robbery without the syerment OF vio-
RAISED ' ss the ' Court Whsher Frssdents
pardon did not carry with II immunity from
S5
i Gnss S' sisseS and Chief JSstee Marshall
pardon Is a deed, the Validity Of which
delivery is essential, and delivery is not com
ss X 81 no psfsSn 70 whom Ss
In the courts to force It on him. II may be
would reject q pardon, but the rule must be
the Same In capital cases as In mlsdG,-
nna sss coAd odG may 81 he
able than the ,punishm,sent indicted ,b ~
power has been constitutional. the necessity
Of by The HsIdS "a nsIsiea
Tpo ssav iemp n his is lava d
forth the distinction between Legislative act
Of amnesty or pardon and special act Of Ex,,
s %hioS VIII take sudsiai notice
hitter. to avail q criminal who pleads u In bar
In evidence. because Il must iudicially appear
that Il has been accepted" q
An Interesting case in point, reported n !. 9
De Puy. who was pardoned by President John
son n 1869 but whose pardon was rnyoKSa cy
ras TSe 81 State then
WAS l.. B. Washburne. who teleHraphed TO the
Warden Of the 2enttentiaTy to hoT I'D De pny nn
had been mailed to the United states Marshal
but had not been delivered and accepted
By he and 80 The
that Gen. Grant had no power to revoke a par par.
this point was not held good By tho court; who
were OF the opinion that the office OF President
@ Pss s T s hs asned s
the pardon before the arrival OF Secretary
Washburne's telegram he must have been set
sary to complete the transaction that held him
In prison.
CASE Tss 81 xho asd
:. q pardon. to be efrectual. must be delivered
in the, same manner as conveyance" In that
to the Warden Of the penitentiary is adelivery
to the prisoner and the pardon cannot then pc
recalled" lhe necessity Of the s6 aecsptnnsSs 70
cally rs In the other cases. -
Mr.. Ingham recognized a distinction between
but thought the rule with regard to acceptance
must BIO the same In both cases. In turning
over the law books to find some case relating
how compietelythe courts have guarded against
bad faith on tho part of prisoner who accepts
sensnes Is pasdon and must
be accepted in good faith by the person to
whom II offered rs would appear from ;, case
E %eils Tits was cass Where &sls had BEEN
convicted and sen fenced to be hanged, but was
ser IN the S
the District OF Columbia for life: He signed
formal accordance Of the conditional pardon.
corpus on the ground s that his acceptsnce had
been obtained while under duress' and was t lHr
tho h at he ns and
set free. The Supreme Court Of the United
States held that lie. being legally imprisoned
duress. that duress which voids an obligation
n of aFse se% h fsa pe,an
The Anarchists. therefore. to get the benefit
OF computation OF their sentences, which is
paon Pave
the door of mercy may still be open to them.
then refuse to accept it. as the law requires.
Sheriff Matson must then proceed to do his
sS and the ysa IN o
the Governors interference. at the time fixed
It Would be curious outcome. indeed. II
Coy. Oglesbys honed.fo interference shouid
IL TIE end be "a s h ana the 81 sssr afe
OF course In case he acts hc must act on spe..
cial day, and the best lawyers here say that
would enable him to postpone the execution
until he obtains legaf advice as to his proper
any Of the To he
derstanding OF jurists the law says expressly
that in thaii event the computation, or condi-
tional ardon would be null and void.
put hy
taken BY several Of the Chicago newspapers in
Ogiesby's heart will get the better OF his head.
SS wyss nd ha sb TS of w GS% Sen as
Always SEEMED ;ss to H. -, st5ssS;
sustains the allegation. but / understand
from good authority that State Attorney Grin
n e a. Weud e
me that he ought not to content himself with
simple denial but should give to the Governor
there is a difference between the absolute COM
mission OF murder and concert T. tt, q opinion
that at some time or other it will be wise to
Now. 1t being conceded that these men did
not literally commit the murder. It being de-
bombs that night was a part of their under
standing you cnn readily see how an old man.
approaching NOT only LHS ilIHlt Vi lin
lie. but OF his own existence, might gladly
welcome legitimate and equitable. u common
a. possibility Of committing a sentence
than be- confronted BY his official duty and be
compelled to sign his name seven times, each
time to u death warrant OF a man who ter
ally did not commit the murder. You see these
policemen are dead and gone Ii they wero
here to show their battered faces, their mutt
lated bodies. their mangled limbs, It would be
very easy, to work up sympathy for them;
Being dead, they are long since forgotten. and
You can walk the streets Of Chicago from early
morn till dewy eve, you can sit in every church.
you can attend every theatre. and 40 out. as
each act" and never hear, a. word, nor
an inch along one Of Chicago's crowded streets
without encountering, a weak minded, soft
his impression that perhaps after sll, per-
adventure, it might be better not to hang these
men. This Ia the undoubted sense OF several
Of the Chicago newspapers. and 10 the unques-
toned atmosphere artifcially created by the
spectacle OF poor little Mrs. Parsons selling her
tracts upon the streets, and it Is produced by
sweetheRrts and children Of the Anarchists to
their barred cells What wonder Is 1t that this
weak old man In Springfield hesitates and re-